THE CONUNDRUM OF TRADE SECRETS IN THE CHANGING PARADIGMS OF EMPLOYMENT RELATIONSHIPS AND THE TECHNOLOGY INTERFACE: A CRITICAL ANALYSIS
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Abstract
Almost without exception business argues intellectual property rights in collective terms. While management does deserve some return for the provision of a research infrastructure it is questionable whether it is legitimate to make the ceding of property claims a condition of employment. What happens in practice is that the fruits of scientific labor are passed to management and to owners? The rights of inventors have not been delineated; indeed, they are forced to forego them. Aside from the comparative rights of inventors versus a company's rights, the rights of a people versus a company must be considered. In this con text, developing countries consistently assert that the priority of the right of a people to their livelihood and development takes precedence over rights of private property. It is in this background that trade secrets are examined in the Indian context, to understand the best mode of its protection in its various facets.
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